1. education
2. school

Circular Letter 0041/2014
To: The Managerial Authorities of Recognised Primary, Secondary,
Community, and Comprehensive Schools
and
The Chief Executives of Education and Training Boards
JOB-SHARING SCHEME
FOR
SPECIAL NEEDS ASSISTANTS
IN
RECOGNISED PRIMARY AND POST-PRIMARY SCHOOLS
The Minister for Education and Skills directs you to implement the regulations and
procedures regarding job-sharing arrangements for special needs assistants whose posts
are funded by monies provided by the Oireachtas.
The regulations and procedures outlined in this circular are to be implemented by each
employer with immediate effect and all special needs assistants must adhere to the terms
of the attached job-sharing scheme.
Please ensure that copies of this circular are provided to all members of the Board of
Management/ Education and Training Boards and its contents are brought to the
attention of all special needs assistants in your employment including those on leave of
absence.
This Circular can be accessed on the Department’s website under www.education.ie
Home – Education Staff - Breaks/ Leave – Job-Sharing.
Alfie Barrett
Teacher/SNA Terms and Conditions Division
8 May 2014
Padraig Maloney
Payroll Division
8 May 2014
Job-Sharing Scheme for Special Needs Assistants
Definitions:
For the purposes of this scheme the following terms have the meanings assigned to
them here unless the context indicates otherwise:
Employer – means an Education and Training Board (ETB) for vocational
schools/community colleges and a Board of Management/Manager in the case of
primary, voluntary secondary, community and comprehensive schools. The Education
and Training Boards or Board of Management/Manager may delegate responsibility for
matters set out in this circular to the Principal of the school.
Job-Sharing Special Needs Assistant – means a wholetime special needs assistant
who wishes to reduce his/her hours to 16 per week.
On Line Claims System (OLCS) – means the system for recording of absences and
inputting the claims for the payment of substitute special needs assistants currently
operating in primary, voluntary secondary, community and comprehensive schools.
Recognised School – means a school which is recognised by the Minister for Education
and Skills in accordance with Section 10 of the Education Act 1998.
School Year – as defined by the Minister for Education and Skills from time to time –
currently beginning on 1st September and ending 31st August.
The Department – means The Department of Education and Skills.
1
Purpose of the Job-Sharing Scheme
1.1
The purpose of the job-sharing scheme is to assist special needs assistants to
combine work and personal responsibilities or choices.
2
School Policy
2.1
Each employer shall develop and maintain a policy statement specific to the
needs of the school in relation to the approval of job-sharing arrangements.
2.2
In drawing up this policy, the welfare and care needs of the pupils shall take
precedence over all other considerations.
2.3
This policy shall have due regard to the capacity of the school to meet its
obligations to its pupils and shall therefore apply a limit to the number of its
special needs assistant that may avail of the scheme at any one time and also
take into account the likely availability of a suitably qualified replacement.
3
Basis of the Scheme
3.1
A special needs assistant may make an application to share a wholetime post
on a 50:50 basis i.e. 16 hours per week in primary and post-primary schools.
3.2
There are two options for a job-sharing arrangement:

Two special needs assistants in the same school apply to job-share

One special needs assistant in a school applies to job-share and the
employer is willing to recruit a special needs assistant for the available
hours on a specified purpose (fixed term) contract.
3.3
It is a matter for the employer to decide the job-sharing arrangement(s) which it
is prepared to endorse e.g. split week, week on - week off, mornings / afternoons
only.
3.4
Job-sharing special needs assistants participating in the scheme in general enjoy
pro-rata arrangements with their full-time colleagues in relation to pay and
conditions of employment.
4
Duration of Job-Sharing Arrangement
4.1
The minimum period for which a job-sharing arrangement may occur is one
school year i.e. commencing on 1 September and ending on 31 August each
year.
4.2
In exceptional circumstances an employer in its sole discretion may authorise a
special needs assistant to commence a job-sharing arrangement during the
course of the school year and terminate not earlier than the end of that same
school year.
5
Eligibility
5.1
A special needs assistant may apply to job-share where he/she will have
satisfactorily completed at the end of the school year in which they are applying
12 months of continuous service with the current employer.
6
Operation of the Scheme
6.1
A special needs assistant seeking to job-share must submit the prescribed
application form JS1 attached to this circular to the employer not later than the
1st March prior to the school year in which he/she proposes to
commence/continue job-sharing.
6.2
Job-sharing arrangements are sanctioned for a period of one school year only
and a special needs assistant shall re-apply if he/she is seeking to avail of a jobsharing arrangement for a further year.
6.3
Each application to job-share shall be considered on its own merits by the
employer within the context of the school’s policy statement. The decision of
the employer shall be final.
6.4
A special needs assistant on a career break or other approved leave of absence
may apply to resume duties on a job-sharing basis.
6.5
The employer shall issue a written notice of approval or refusal, which will set
out the basis of the refusal to the special needs assistant by 31st March at the
latest.
6.6
Taking account of the extent of arrangements to be put in place by the employer
to cater for a job-sharing post the applicant shall not be permitted to withdraw
his/her application after 14th April and this shall be included in the notice from
the school to the special needs assistant.
6.7
A copy of the approved job-sharing application should be submitted to the Non
Teaching Payroll Section of the Department by 1st May. In addition, the
employer must list the names of all special needs assistants availing of jobsharing arrangements on the Non Teaching Staff Appointment Position Form.
6.8
While this circular is applicable for the 2014/2015 school year, the closing dates
stated in the circular will not apply for that school year but all such arrangements
must be returned on the Non Teaching Staff Appointment Position Form due
back in the Non Teaching Staff Section of Payroll Division by the 27th June
2014.
7
Duties
7.1
Where two special needs assistants are sharing one whole time post
employers shall ensure that appropriate communication processes are in place
between the job-sharing special needs assistants in order for them to fulfil the
responsibilities of the post.
7.2
A job-sharing special needs assistant must be available for staff and parent
meetings in accordance with school policy and agreements.
8
Pay/Reckoning of Service
8.1
Job-sharing special needs assistants will receive 50% of the remuneration
payable to them in a wholetime post.
8.2
The job-sharing special needs assistant will continue to accrue seniority during
the job-sharing arrangement. Each year of job-sharing service given, will reckon
as one year of service for incremental purposes. However, service for pension
purposes will count as half that of a full-time special needs assistant (see
paragraph 17 below for further information).
9
Additional Work by Job-Sharing Special Needs Assistant
9.1
A job-sharing special needs assistant may not substitute for his/her job sharing
partner or engage in any additional SNA/teaching duties.
9.2
It is not permissible for a job-sharing special needs assistant to engage in outside
employment without the consent of the employer. It shall be a matter for the
employer to determine whether or not any such employment is in conflict with
his/her ability to carry out their duties as an employee of the school. If such a
conflict is deemed to exist, the approval of the employer shall be withheld.
10
Appointment of a Replacement Special Needs Assistant
10.1
Where a replacement special needs assistant is to be employed, the position must
be filled in accordance with current rules for recruitment.
10.2
Where a replacement special needs assistant is to be employed he/she shall be
offered a contract which must state as an objective ground that the contract shall
be terminated in the event of the special needs assistant who is job-sharing,
resigning, retiring, not returning to work for any reason or being made redundant
during the term of the job-sharing arrangement.
10.3
Where a replacement special needs assistant is employed, he/she will be required
to be available for the additional 72 hours that form part of a full time special
needs assistant contract (pro-rata for part-time special needs assistants) to be
utilised and delivered outside of normal school opening hours and/or the normal
school year.
10.4
Where a replacement special needs assistant is employed he/she will not attain
any seniority in the school.
11.
Arrangements for Compensation for Loss of Hours during the term of a
Job-Sharing Arrangement
11.1
Where the post of a job-sharing special needs assistant is reduced during the
term of the job-sharing arrangement, the special needs assistant who holds the
post may be entitled to claim compensation for this loss of hours under the terms
of the Department circular on redundancy arrangements for special needs
assistants in place on the date the hours are lost. The period of the job-sharing
arrangement will be taken into account in the calculation of any compensation
for loss of hours and any redundancy payment due will be calculated on the
special needs assistants weekly job-sharing rate of pay.
11.2
Where the post of a job-sharing special needs assistant is reduced during the
term of the job-sharing arrangement, the replacement special needs assistant
will have his/her hours reduced. The job-sharing arrangement will be deemed
to have ceased with effect from the end of the school year in which the reduction
took place. The replacement special needs assistant will not be entitled to a
compensation payment in respect of the loss of hours. If this reduction results
in the replacement’s hours being reduced to nil, the contract of the replacement
special needs assistant will be terminated and he/she will not be entitled to a
redundancy payment.
12.
Arrangements for Redundancy during the term of a Job-Sharing
Arrangement
12.1
Where the post of a special needs assistant becomes surplus to the approved
allocation of special needs assistant resources in the school during the term of a
job-sharing arrangement, the special needs assistant who holds the post may
apply for a redundancy payment under the terms of the Department circular on
redundancy arrangements for special needs assistants in place on the date the
post is lost from the school’s allocation. It is the responsibility of the employer
to ensure that the special needs assistant is informed of the loss of his/her post
from the school’s allocation. The period of the job-sharing arrangement will be
taken into account in the calculation of any redundancy payment which may be
due to the post holder.
12.2
This is subject to the terms of the relevant circulars governing both SNA
Redundancy arrangements (currently Circular 58/2006) and SNA
Supplementary Assignment Arrangements (currently Circular 37/2013) or
further circulars which may amend or supersede these circulars which may be
issued from time to time.
12.3
Where the post of a special needs assistant becomes surplus to the approved
allocation of special needs assistant resources in the school during the term of a
job-sharing arrangement, the replacement special needs assistant will not be
entitled to a redundancy payment.
13
Termination/ Resumption of Duty
13.1
Employers must ensure that special needs assistants participating in the jobsharing scheme are aware that the arrangement may be terminated if it is not
operating in the best interests of pupils.
13.2
Where an employer decides to terminate a job-sharing arrangement this must be
enforced by 1st November of the year of the job-sharing contract.
13.3
In exceptional circumstances if the applicant can be accommodated within the
approved staffing allocation and subject to contractual arrangements, an
application for an earlier return to full-time employment may be considered by
the employer. However a return to duty may not be considered in any
circumstances beyond 1st November.
13.4
It is the responsibility of the employer to ensure that the Non Teaching Payroll
Section of the Department is informed (in advance) of the date of termination
of the employment of the special needs assistant and the replacement special
needs assistant immediately in order to avoid any overpayments of salary.
14
Maternity/Adoptive Leave
14.1
A full time special needs assistant on maternity/adoptive leave, opting to jobshare in the next school year, will be paid at the full time rate of pay up until the
beginning of the next school year at which point the special needs assistant will
be paid the job-sharing rate of pay for the remainder of the leave.
14.2
A job-sharing special needs assistant on maternity/adoptive leave, opting to
return to full time duties in the next school year, will be paid at the job-sharing
rate of pay up until the beginning of the next school year at which point the
special needs assistant will be paid the full time rate of pay for the remainder of
such leave.
15
Resignation from Post while Job-Sharing
15.1
A special needs assistant engaged in a job-sharing scheme who wishes to resign
from his/her (SNA) post must notify the employer in writing in accordance with
the special needs assistants’ terms of employment.
16
Public Holiday Entitlements
16.1
Entitlements arising from public holidays to a job-sharing special needs assistant
will accrue to the special needs assistant who would otherwise be scheduled for
duty on the day in question. In such cases however, the normal attendance
regime will, where necessary be varied slightly with a view to allowing both jobsharing partners to benefit equally from public holidays.
17
Pension
17.1
A job-sharing special needs assistant shall be eligible for superannuation
benefits on the same basis as full-time staff, save that each year of service given
in a job-sharing capacity will reckon as six months full-time service for
superannuation purposes. Pensionable salary will be based on full-time
remuneration.
17.2
It may be open to a job-sharing special needs assistant to purchase notional
service for superannuation purposes. Further information in relation to the
purchase of notional service and other pension related matters is available from
the Pensions Section of the Department by emailing pensions@education.gov.ie
or by contacting the relevant ETB.
17.3
Special needs assistants who propose to undertake job-sharing should satisfy
themselves (by contacting the Department of Social Protection on an annual
basis if necessary) as to whether the proposed pattern of job-sharing will have
any implications for their PRSI contributions/credit record.
18
Compliance
18.1
All special needs assistants /employers must adhere to the regulations and
procedures set out in this circular. Failure to abide by the regulations and
procedures will be dealt with under the agreed disciplinary procedures and may
lead to the cessation of salary in the case of special needs assistants and/ or
withdrawal of substitute cover in the case of schools.
18.2
All documentation relating to job-sharing arrangements must be retained by the
employer with the relevant personnel records. These records may be selected
for inspection by nominated Department officials. All records should
correspond with the data input on the OLCS/ETB system.
19
Further Information
19.1
In accordance with the introductory paragraph the regulations in this circular
are to be implemented by the employer. Thus all queries should initially be
brought to the attention of the school management who may wish to consult
with their representative organisation, who may further wish to consult with the
Department at the following email address: teachersna@education.gov.ie
20
Review
20.1
This job-sharing scheme for Special Needs Assistants will be subject to a review
by all parties to be completed no later than 31 December 2015.
Form JS1
APPLICATION FORM FOR JOB-SHARING
1st Special Needs Assistant
2nd Special Needs Assistant
(if applicable)
Name
Home Address
Contact Telephone No.
E-Mail Address
PPSN
Length of continuous
service with current
employer
School Name & Address
School Roll Number
Details of Proposed Job-Sharing Arrangement
1. Proposed start date of job-sharing arrangement: __________________
2. Proposed duration of job-sharing:
_____________________
Declaration by Special Needs Assistants
Please Tick - 
I the undersigned:
□
□
wish to apply for job-sharing in accordance with the regulations as set out in
Department Circular 0041/2014.
I also declare that the information which I have given in this Application Form
is true and accurate.
Signature of 1st Special Needs Assistant
________________________________
Signature of 2nd Special Needs Assistant
(if applicable)
________________________________
Date: __________________
Date: __________________
To be completed by the Employer
Please Tick - 
I the undersigned declare:
□
□
□
that I have examined and approved this Job-Sharing Application.
that the applicant(s) meet the eligibility criteria in Paragraph 5 of Department
Circular 0041/2014 and the regulations and procedures set out in this circular
have been adhered to.
that I have informed the Special Needs Assistant(s) of the decision in writing.
Signature of Employer: _________________________________________________
Address:
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
Date:
____________________